MADAVI RAJU Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed questioning the order dt. 8-12-1997 passed by the 1st respondent disqualifying the petitioner from contesting the Assembly Elections, in exercise of the powers Under Section 10-A of the Representation of the People Act, 1951 for a period of 3 years for not furnishing the election expenditure incurred by him in the General Elections to the Legislative Assembly held in the year 1994.

(2.) FIRSTLY, the writ petition is liable to be dismissed for the laches as it is since 20 months the impugned order has been passed and the petitioner is coming to the Court only on the eve of filing nominations for the Legislative Assembly Elections-1999 and in fact on the verge of expiry of time for filing nominations and there is no explanation for the delay. Secondly, the question of not furnishing election expenditure is a pure question of fact and is not amenable for judicial review in writ jurisdiction. There are no merits in this case.

(3.) THE writ petition is, therefore, dismissed at the admission stage.